1264. I am a non-U.S. person engaged in humanitarian activities specifically looking to send food, medicine, or medical devices to Cuba. What is my exposure to sanctions under Executive Order (E.O.) 14404?
As a general matter, U.S. sanctions under E.O. 14404 are not focused on disrupting the delivery of food, medicine, or medical devices to Cuba. The U.S. government does not intend to target non-U.S. persons under E.O. 14404 for engaging in transactions related to the provision, directly or indirectly, of agricultural commodities, including food, as well as medicine, medical devices, replacement parts and components for medical devices, and software updates for medical devices, to Cuba. This non-targeting posture includes those described humanitarian-related transactions that involve a person designated pursuant to E.O. 14404, or entities in which such persons own, directly or indirectly, individually or in the aggregate, a 50 percent or greater interest.
Consistent with...
1) Cuba General License 1 authorizes U.S. persons to engage in transactions otherwise prohibited by EO 14404 to the extent the transactions would otherwise be authorized or exempt pursuant to the CACR. Such activity is, likewise, generally not sanctionable for non-U.S. persons (EO 14404, FAQ # 7). CACR authorizations cover exports of items subject the EAR to Cuba, including most agricultural commodities that qualify for license exception AGR (515.533), as well as “humanitarian projects” (515.578), but there is no broad authorization for “transactions related to the provision, directly or indirectly, of agricultural commodities, including food, as well as medicine, medical devices, replacement parts and components for medical devices, and software updates for medical devices, to Cuba”. Through this “non-targeting posture,” OFAC establishes a secondary sanctions...